Inconsistency and Indecision in the United States Supreme Court

Inconsistency and Indecision in the United States Supreme Court PDF Author: Matthew P Hitt
Publisher: University of Michigan Press
ISBN: 0472131362
Category : Political Science
Languages : en
Pages : 235

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Book Description
The United States Supreme Court exists to resolve constitutional disputes among lower courts and the other branches of government, allowing elected officials, citizens, and businesses to act without legal uncertainty. American law and society function more effectively when the Court resolves these ambiguous questions of Constitutional law. Since lower courts must defer to its reasoning, the Court should also promulgate clear and consistent legal doctrine, giving a reason for its judgment that a majority of justices support. Yet a Court that prioritizes resolving many disputes will at times produce contradictory sets of opinions or fail to provide a rationale and legal precedent for its decision at all. In either case, it produces an unreasoned judgment. Conversely, a Court that prioritizes logically consistent doctrine will fail to resolve many underlying disputes in law and society. Inconsistency and Indecision in the United States Supreme Court demonstrates that over time, institutional changes, lobbied for by the justices, substantially reduced unreasoned judgments in the Court’s output, coinciding with a reduction in the Court’s caseload. Hence, the Supreme Court historically emphasized the first goal of dispute resolution, but evolved into a Court that prioritizes the second goal of logically consistent doctrine. As a result, the Court today fails to resolve more underlying questions in law and society in order to minimize criticism of its output from other elites. In so doing, the modern Court often fails to live up to its Constitutional obligation.

Inconsistency and Indecision in the United States Supreme Court

Inconsistency and Indecision in the United States Supreme Court PDF Author: Matthew P Hitt
Publisher: University of Michigan Press
ISBN: 0472131362
Category : Political Science
Languages : en
Pages : 235

Get Book Here

Book Description
The United States Supreme Court exists to resolve constitutional disputes among lower courts and the other branches of government, allowing elected officials, citizens, and businesses to act without legal uncertainty. American law and society function more effectively when the Court resolves these ambiguous questions of Constitutional law. Since lower courts must defer to its reasoning, the Court should also promulgate clear and consistent legal doctrine, giving a reason for its judgment that a majority of justices support. Yet a Court that prioritizes resolving many disputes will at times produce contradictory sets of opinions or fail to provide a rationale and legal precedent for its decision at all. In either case, it produces an unreasoned judgment. Conversely, a Court that prioritizes logically consistent doctrine will fail to resolve many underlying disputes in law and society. Inconsistency and Indecision in the United States Supreme Court demonstrates that over time, institutional changes, lobbied for by the justices, substantially reduced unreasoned judgments in the Court’s output, coinciding with a reduction in the Court’s caseload. Hence, the Supreme Court historically emphasized the first goal of dispute resolution, but evolved into a Court that prioritizes the second goal of logically consistent doctrine. As a result, the Court today fails to resolve more underlying questions in law and society in order to minimize criticism of its output from other elites. In so doing, the modern Court often fails to live up to its Constitutional obligation.

US Supreme Court Doctrine in the State High Courts

US Supreme Court Doctrine in the State High Courts PDF Author: Michael P. Fix
Publisher: Cambridge University Press
ISBN: 1108864872
Category : Law
Languages : en
Pages : 209

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Book Description
US Supreme Court Doctrine in the State High Courts challenges theoretical and empirical accounts about how state high courts use US Supreme Court doctrine and precedent. Michael Fix and Benjamin Kassow argue that theories that do not account for the full range of ways in which state high courts can act are, by definition, incomplete. Examining three important precedents – Atkins v. Virginia, Lemon v. Kurtzman, and DC v. Heller/McDonald v. Chicago – Fix and Kassow find that state high courts commonly ignore Supreme Court precedent for reasons of political ideology, path dependence, and fact patterns in cases that may be of varying similarity to those found in relevant US Supreme Court doctrine. This work, which provides an important addition to the scholarly literature on the impact of Supreme Court decisions, should be read by anyone interested in law and politics or traditional approaches to the study of legal decision-making.

Oral Arguments and Coalition Formation on the U.S. Supreme Court

Oral Arguments and Coalition Formation on the U.S. Supreme Court PDF Author: Ryan C. Black
Publisher: University of Michigan Press
ISBN: 0472118463
Category : Law
Languages : en
Pages : 154

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Book Description
Oral arguments are a key aspect of the Supreme Court's decision-making process

The Supreme Court

The Supreme Court PDF Author: Lawrence Baum
Publisher: CQ Press
ISBN: 1071901737
Category : Political Science
Languages : en
Pages : 284

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Book Description
In The Supreme Court, Lawrence Baum provides a brief yet comprehensive introduction to the U.S. Supreme Court, one that is balanced and illuminating. In successive chapters, the book examines each major aspect of the Court: the selection, backgrounds, and departures of justices; the creation of the Court′s agenda; the decision-making process and the factors that shape the Court′s decisions; the substance of the Court′s policies; and the Court′s impact on government and American society. Describing the Court′s personalities and procedures, and delving deeply to explain the actions of the Court and the behavior of justices, Baum shows students the Court′s complexity and reach. Tables and figures, plus a lively photo program, make this one of the most engaging books available. It is simply the standard.

The Limits of Legitimacy

The Limits of Legitimacy PDF Author: Michael Zilis
Publisher: University of Michigan Press
ISBN: 0472121243
Category : Political Science
Languages : en
Pages : 255

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Book Description
When the U.S. Supreme Court announces a decision, reporters simplify and dramatize the complex legal issues by highlighting dissenting opinions and thus emphasizing conflict among the justices themselves. This often sensationalistic coverage fosters public controversy over specific rulings despite polls which show that Americans strongly believe in the Court’s legitimacy as an institution. In The Limits of Legitimacy, Michael A. Zilis illuminates this link between case law and public opinion. Drawing on a diverse array of sources and methods, he employs case studies of eminent domain decisions, analysis of media reporting, an experiment to test how volunteers respond to media messages, and finally the natural experiment of the controversy over the Affordable Care Act, popularly known as Obamacare. Zilis finds that the media tends not to quote from majority opinions. However, the greater the division over a particular ruling among the justices themselves, the greater the likelihood that the media will criticize that ruling, characterize it as "activist," and employ inflammatory rhetoric. Hethen demonstrates that the media’s portrayal of a decision, as much as the substance of the decision itself, influences citizens’ reactions to and acceptance of it. This meticulously constructed study and its persuasively argued conclusion advance the understanding of the media, judicial politics, political institutions, and political behavior.

Constitutional Judiciary in a New Democracy

Constitutional Judiciary in a New Democracy PDF Author: László Sólyom
Publisher: University of Michigan Press
ISBN: 9780472109654
Category : Law
Languages : en
Pages : 444

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Book Description
Describes the decisions of the most innovative of the new constitutional courts in post Soviet Central Europe

Home Style Opinion

Home Style Opinion PDF Author: Joshua P. Darr
Publisher: Cambridge University Press
ISBN: 110895264X
Category : Political Science
Languages : en
Pages : 141

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Book Description
Local newspapers can hold back the rising tide of political division in America by turning away from the partisan battles in Washington and focusing their opinion page on local issues. When a local newspaper in California dropped national politics from its opinion page, the resulting space filled with local writers and issues. We use a pre-registered analysis plan to show that after this quasi-experiment, politically engaged people did not feel as far apart from members of the opposing party, compared to those in a similar community whose newspaper did not change. While it may not cure all of the imbalances and inequities in opinion journalism, an opinion page that ignores national politics could help local newspapers push back against political polarization.

Time Series Analysis for the Social Sciences

Time Series Analysis for the Social Sciences PDF Author: Janet M. Box-Steffensmeier
Publisher: Cambridge University Press
ISBN: 1316060500
Category : Political Science
Languages : en
Pages : 297

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Book Description
Time series, or longitudinal, data are ubiquitous in the social sciences. Unfortunately, analysts often treat the time series properties of their data as a nuisance rather than a substantively meaningful dynamic process to be modeled and interpreted. Time Series Analysis for the Social Sciences provides accessible, up-to-date instruction and examples of the core methods in time series econometrics. Janet M. Box-Steffensmeier, John R. Freeman, Jon C. Pevehouse and Matthew P. Hitt cover a wide range of topics including ARIMA models, time series regression, unit-root diagnosis, vector autoregressive models, error-correction models, intervention models, fractional integration, ARCH models, structural breaks, and forecasting. This book is aimed at researchers and graduate students who have taken at least one course in multivariate regression. Examples are drawn from several areas of social science, including political behavior, elections, international conflict, criminology, and comparative political economy.

Wisconsin Magazine of History

Wisconsin Magazine of History PDF Author: Milo Milton Quaife
Publisher:
ISBN:
Category : Wisconsin
Languages : en
Pages : 552

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Book Description


William Penn Lyon

William Penn Lyon PDF Author: Clara Lyon Hayes
Publisher:
ISBN:
Category : Judges
Languages : en
Pages : 250

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Book Description